But someone making a free version of a 10-year-old game you want to re-release is not going to pay your bills are they?

This is not some big corporation like Micro$oft who is losing money, it is a guy whos last hit was probably Another World/Flashback. His one-and-only-ever Porsche is probably 10 years old now. His wife probably divorced him and took half his house & his money too.

If a big company such as Apple Records stops a guy from releasing a 40-year Beatles album remix (DJ Dangermouse) then that is wrong, cause Apple is a big company, and The Beatles are loaded.

Same could apply if Sega for instance go upset at a Open-Source Sonic The Hedgehog (orig Megadrive version) Open-Source remake.